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I was in the middle of divorcing my husband when he had a devastating accident, I ceased divorce proceedings. He is suitably cared for in safe surroundings however he will no longer qualify for continuing care from the NHS from Jan12. If I carry on and in The AnswerBank: Family & Relationships
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I was in the middle of divorcing my husband when he had a devastating accident, I ceased divorce proceedings. He is suitably cared for in safe surroundings however he will no longer qualify for continuing care from the NHS from Jan12. If I carry on and

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NoifF45 | 13:58 Tue 15th Nov 2011 | Family & Relationships
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divorce him - who will look after his best interests - our children are 4, 6 and 12. His parents signed for the operation that has left him severely debilitated and were not acting in his best interests as he had always stated that he did not want to live if he wasnt a fully functioning able bodied person. I have a court order to look after his finances and pay for the things he needs and sort out his debts etc but if I carry on with the divorce who will look after his personal welfare? If I dont divorce him will social care want the house/my income to finance his care? Any info would be welcome as I do not know what to do for the best.
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They will not be able to take the home if you and your children still live there especially as you are still married. I believe they are able to look at anything is his sole name or 50% of joint savings. Social Services will have to do a full assessment of his needs and advise you of the amount they will pay, if you or his parents or his own savings cannot afford to top up...
14:51 Tue 15th Nov 2011
Note the red section at the top is for a brief subject, then you are supposed put the full question in the next section.

Your subject is so long it has spilled over many lines.
What an awful story for all concerned. You really need some professional advice. Maybe your solicitor, or an independent financial advisor. There are so many variables - income, outgoings, debts, mortgages etc that will need to be taken into consideration.

Good luck.
he will most likely have a 'care manager' from the local social services! any 'living will' issues would be their responsibility!

awful situation, but at least you can tell yourself that the marriage was over before he became disabled!
They will not be able to take the home if you and your children still live there especially as you are still married. I believe they are able to look at anything is his sole name or 50% of joint savings. Social Services will have to do a full assessment of his needs and advise you of the amount they will pay, if you or his parents or his own savings cannot afford to top up these fees SS he will have to go to a Home which accepts people fully funded by SS. I assume you have already claimed on his behalf attendance allowance at full rate which is about £69 p.w. If he has to go into a Nursing Home they should claim the NHS allowance of approx £108 pw on your behalf.
It would be advisiable to go to Citizens Advice who will be able to give you assistance.

My knowledge comes from having my mother in a care home and there may be slightly different rules for someone in your husbands situation.

There are also some people on this site who work in care homes and may be along later to give you some more information
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Sorry VHG but you appear to be a politically correct jobsworthy goon who has provided the lady with no sympathy or advice of value what so ever.
I do hope that she gets good advice and does not suffer financial hardship.
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I would like to thank everyone for feedback given (with the exception of VHG - thank you clarinetto) I seem to have been stuck in limbo for so long not knowing where or what to do its good to have some direction. Thanks again

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